Fill and Sign the 7 31 Fair Debt Collection Practices Act Flashcardsquizlet Form

Letter Informing Debt Collector of Unfair Practices in Collection Activities (Taking, or Threatening to Take, any Nonjudicial Action to Enforce a Security Interest on Property (e.g., Repossessing a Consumer’s Property) Where there is no Present Right to the Collateral or there is no Present Intent to Exercise such Rights) _________________________________ (Your Name) ________________________________________________________ (Your Address) ____________________________________________________________ (Your City, State, Zip Code) ______________________________ (Date) _____________________________________ (Name of Collection Agency)_____________________________________ (Name of Contact Person)_____________________________________________________________ (Street Address or Post Office Box Number, City, State, Zip Code) Re: Unfair Practices Violating Section 808 of the Fair Debt Collection Practices Act; Your File No. ______________ Dear Mr. /Ms. _______________________ (last name): Your activities on behalf of your company in attempting to collect the allege d debt associated with the above mentioned case number have violated Section 808 of the Fair Debt Coll ection Practices Act (15 USC 1692f). Section 808 of the Fair Debt Collection Practices Act, 15 U.S.C . Section 1692f, provides, in part, as follows: A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: “(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property.” On ________________________________________ (date of the incident), I received a telephone call from you at your offices in ____________________________________________ (city, state) . During this telephone conversation, you stated that if the alleged debt were not paid in full by the end of the week, you would personally come on my property, seize the (describe collateral) ____________________________________________________________________ _____________________________________________________________________________, which is collateral for the alleged debt, and sell it at the closest pawn shop you could find. Such a self help seizure and sale would not only be a violation of the security agreement I signed with __________________________________________ (name of creditor), but would also violate Article 9 of the _______________________________________ (name of state) Uniform Commercial Code. Please cease making threats that you have no intention of carrying out. Sincerely, ____________________________________ ____________________________________ Printed Name and Signature cc: _______________________________________________ (Creditor) cc: ________________________________________________ (Appropriate State Agency)